HomeMy WebLinkAboutR-1994-069PASSED and ADOPTED this 2 6 t h day of
Aa./, C
RESOLUTION NO 69-94
RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM PROJECT GRANT AGREEMENT - DEVELOPMENT,
RELATING TO DANIA BEACH PARK; AND PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the City Commission of the City of Dania, Florida, hereby
approves Florida Department of Environmental Protection Florida Recreation
Development Assistance Program Project Grant Agreement - Development, relating to
Dania Beach Park, copy of which is attached hereto as Exhibit "A", be and the same is
hereby approved and the appropriate city officials are hereby authorized to execute
same.
Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption
ri'1 ,1994
Mayor - C mrssroner
By:
Frank C. Adler, City Attorney
ATTEST:
City Clerk - Auditor
APPROVED FOR FORM AND CORRECTNESS
(DEP Contract Nunber)
FIORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTTON
FI.ORIDA RECFJATION DEVEIOP!,{ENT ASSISTANCE PROGRAM
Proj ect crant Agreement - Development
This Agreenent is made and entered into this day
of _, 19_, by and bett een the State of Florida,
Departnent of Environnental protection, hereinafter caI1ed the
DEPARTIIENT, and the City of Dania, hereinafter called the
GRjAIflfEE, in furtherance of an approved outdoor recreation
project. In consideration of the mutual covenants contained
herein and pursuant to Sections 37O. OZ3, 375.021 and 375.075,
PLorida Statutes, and Chapter 16D-5, part V, Florida
Adninistrative Code, the parties hereto agree as follows:
1. This Agreenent shall be perforDed in accordance
vith Sections 370.O23, 375.021 and 375.O75t Florida Statutes, and
Chapter 15D-5, Part V, Florida administrative code, hereinafter
called the RULE. fhe GRjANTEE sha1I conply with all provisions of
the RUIf , which is incorporated into this Agreenent by reference,
as if fully set forth herein. Disputes concerning the
interpretation or appJ.ication of this Agreement shall be resolved
by the DEPARTMENT whose decision shall be finat and binding on
the GRANTEE. The DEPARIMENT may cancel this Agreement for
failure by the GRANTEE to perforn pursuant to the ten0s and
conditions of this Agreenent. ft is the intent of the DEPARTMENT
and the GRANTEE that none of the provisions of Section 163.01,
Page l of 10
EXHIBIT "A"
Florida Statutes, shall have application to this Agreement.
2. The DEPARTMENT has found that outdoor recreation is
the priurary purpose of the project known as Dania Beach Park
(Florida Recreation DeveLopment Assistance Program, Project
Number F94oLL), hereinafter calfed the PRoJECT, and enters into
this Agreernent with the GRANTEE for construction of outdoor
recreation facilities and improvements on reaf property, the
1egal description of which is set forth in Exhibit A, attached.
3. The GRANTEE will- construct, or cause to be
constructed, certain outdoor recreation facilities and
improvements in accordance with the foflowing PRoJECT elenents
which may be rnodified with good cause by the DEPARTMENT: pienic
facilities, fitness trail with exercise stations, beach play
area, bike rack, fencing, signage and other rel-ated support
facilities.
4- The DEPARTMENT sha11 pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $49,450.00, which will pay
the DEPARTMENT'S share of the cost of the PROJECT. DEPARTITIENT
fund linits are based upon the following:
DEPARTMENT Amount $ 49 ' 450.00 100?
zGRANTEE Match
Type of Match
)-0-
N/A
The PROJECT
reguired by
reimbursement request shall include all documentation
the DEPARTMENT for a proper pre-audit and post-audit
Page 2 of 10
receipt of a pa)rment reguest, review the work acconplished to
date on the GRAMI and, if in order, approve the request for
payDent. The DEPARr!,IENT shalL retain 1Ot of the entire
DEPARTMENT aDount until completion of the PRo.TECT.
5. Prior to co[mencenent of project construction, the
GR;AlflTEE shal1 subnit for DBPARTMENT approval the documentation
described in the Florida Recreation DevelopDent Assistance
Program Development Project conmenceDent Documentation Forn, DEp
Forlo 42-005.
6. The GRANTEE sha11 couply with the DEPARTMENT'S
Grant and Contract Accountability policy, Chapter 1GA-11, Florida
Adnj-nistrative Code, hereinafter called the pol,lcy, and
incorporated into this Agreenent by reference as if fully set
forth herein. The GRANTEE shal1 ensure that aII purchases of
goods and services for accornplishnent of the PROJECT shaI1 be
secured in accordance nith the GPeNTEE, S adopted procurement
procedures. Expenses representing the PRoJECT costs, including
required natching contribution, shall be reported to the
DEPARrMENT and summarized on certification folTs provided in the
POLICY. The POLICY establishes uniforrn guidelines and procedures
to be utiLized by the DEPARTMENT and the GRAMrEE in accounting
for grant funds disbursed under the PROJECT and sets forth
principles for deternining eligible costs, supporting
documentation and mininuro reporting requirenents. The GRANTEE
shall retain all records supporting PROJECT costs for three (3)
years after the fiscal year in rrhich the final PROJECT payDent
Page 3 of 10
was reLeased by the DEPARTMENT or until final resolution of
matters resulting from any litigation, claim or audit that
started prior to the expiration of the three-year retention
period. The DEPARrIIIENT, Auditor General, State conptroller and
other relevant parties sha1l have the right to inspect and audit
the GRANTEE'S records for said PRoJECT.
7. Progtram funds may be reinbursed for eligible costs
incurred prior to execution of this Agreement if the GRANTEE has
been granted a Waiver of Retroactivity and al1 applicable
requirements have been satisfied.
8. The DEPARTMENT and the GRAMTEE ful1y understand and
agree that there shall be no reinbursement of funds by the
DEPARIIIENT for any obligation or expenditure made prior to the
execution of this Agreement with the exception of $ -0-,
for: N/A
9. This Aqreement shal1 become effective upon
execution and the crantee sha1l complete construction of all
PROJECT elements on or before April !, L996. All PRoJECT close-
out documentation shall be subnitted to the DEPARTMENT prior to
release of Program funds pursuant to the requirenents of the
RULE.
LO. I{ary Ann Lee, community Assistance Consultant, or
successor, is hereby designated the DEPARTMENT'S Contract llanager
for the purpose of this Agreement and shall be responsible for
ensuring performance of its terms and conditions and shall
approve all reirobursement reguests prior to pa:'nent. The
Page 4 of 10
GRANTEE ' S Liaison Agent, as identified in the project
application, shall act on behaLf of the GRANTEE relative to the
provisions of the Agreement. The GRANTEE'S Liaison Agent shall
subnit to the DEPARTMENT signed PRoJECT status reports every
ninety (90) days summarizing the work accouplished, probleus
encountered, percentage of conpletion and other appropriate
infornation. Photographs shall be subuitted when appropriate to
reflect the construction work accomplished.
11. All monies expended by the GRAMrEE for the purpose
contained herein shall be subj ect to preaudit revieh, and approval
by the conptroller of Florida in accordance with section l.7.o3,
Florida statutes.
L2. Each party hereto agrees that it sha1l be so1e1y
responsible for the wrongful acts of its employees, contractors,
and agents. Hot ever, nothing contained herein sha1l constitute a
waiver by either party of its sovereign imnunity and the
linitations set forth in Section 768.28, Florida statutes.
13. The DEPARrMENT reserves the right to inspect said
PRoJECT and any and all records related thereto at any tine.
L4. This Agreement rnay be uniLaterally cancelled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all d.ocunents, papers, Ietters or other naterials made
or received in conjunction with the Agreenent Pursuant to the
provisions of chapter 119, Florida Statutes.
15. Following receipt of an audit report iilentifying
any reirnbursenent due the DEPARTMENT for non-coropliance by the
Page 5 of 10
GBANTEE nj.th said AgreeDent, the GIiANTEE will be allowed a
maxiuum of sixty (60) days to subuit additional pertinent
documentation to offset the amount identified as being
due the DEPARTMENT. The DEPARIMENT, following a review of the
docuDentation subDitted by the GRANTEE, tiIl inforo the GR ANrEE
of any reinbursement due the DEPARrMENT.
15. ftre DEPARTMENT shal1 have the right to deuand a
refund, either in whole or part', of the funds provided to the
GRAI(IEE for non-coupliance with the tems of the AgreeEent, and
the GRANTEE upon notification fron the DEPARTMENT, agrees to
refund, and wiII forthvith pay, the amount of noney demanded--
which paynent shall be made directly to the DEPARTMENT. Such
refund sha1l include interest calculated at two (2) percent over
the prevailing prine rate as reported by the federal Reserve.
L7. fhe State of Florida,s perforr[ance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
18. Reinbursement of eligible traveL e:q)enses shall be
subject to the requirements of Section 112.051, Florida Statutes.
19. Allowab1e indirect costs sha1l not exceed 158 of
the GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15t nust be approved j.n advance by the DEPARII{ENr to be
considered eligible PROJECT expenses.
20. Asphalt paving for the PROJECT shaI1 confono to the
Florida Department of Transportation, s specifications for road,
and bridge construction. eid specifications, contracts and/or
Paqe 6 of 10
purchase orders of the GRANTEE must specify thickness of asphalt
and square yards to be paved.
2l.. Prior to final reirolrurseDent, the GRANTEE nust
erect a pernanent information sign on the project site which
credits the FLorida DepartDent of Environmental Protection and
the Florida Recreation Development Assistance PrograD.
22. Land owned by the GRANTEE, which is developed or
acquired uith ERDAP funds, shall be dedicated in perpetuity aE an
outdoor recreation site for the use and benefit of the public.
The dedication must be recorded in the public property records by
the GR;ANIEE. The cRiAI{fEE shall ensure that the project, if on
cR AtflfEE-owned land and purchased or developed with FRDAP funds,
shall be uanaged for outdoor recreation purposes for a nininum
period of trrenty-five (25) years from the coBpletion date set
forth in the project conpletion certificate. Land under control
other than by ownership of the GRjAlflfEE (e.9., Iease, pemit,
DanageDent agreement or other siroilar instrument, etc. ) and
developed with progran funds shalI be managed as an outdoor
recreation area for the public for a minimum period of tirenty-
five (25) years froE the conpletion date set forth in the proj ect
completion certificate. This project sha1l be open at reasonable
times and shall be managed in a safe and attractive nanner
appropriate for public use. Should GRjANTEE, convert aIl or part
of the project sj.te to other than DEPARIMENT staff approved
recreational uses, the GRANTEE sha11 replace the area,
facilities, resource and site at its own expense uith a project
Page 7 of 10
of comparable scope and quality acceptable to the DEPAATUEMI.
23. No person on the grounds of race, creed, color,
national origin, age, sex, or disability, sha1l be excluded fron
participation inr be denied the proceeds or benefits ofi or be
othemise subj ected to discrinination in perfornance of this
Agreenent.
24. This Agreenent strictly prohibits the expenditure
of FRDAP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
25. Any local governmental entity, nonprofit
organization, or for-profit organization that is alrarded funds
froD a grants and aids appropriation by a state agency shall:
(a) If the anounts received exceed g1OO,OOO, have an audit
perforned in accordance with the rules of the Auditor ceneral
promulgated pursuant to Section L]-.43, Florida Statutes,
(b) ff the auounts received exceed g25roo0, but do not
exceed 5100,000, have an audit perfomed in accordance with the
rules of the Auditcr General pronulgated pursuant to Section
11.45, Florida Statutes, or have a statenent prepared by an
independent certified public accountant which attests that the
receiving entity or organization has complied nith the provisions
of the grant i or
(c) If the amounts received do not exceed g25,OOO, have the
head of the entity or organization attest, under penalties of
perjury, that the entity or organization has conplied with the
provisions of the grant.
Page 8 of 10
26. In addition, a copy of the product as required in
paragraph 25, shal,I be subnitted to the DEPARTMENT rrithin one (1)
year from the project conpLetion date as set forth in the proj ect
completion certif icate.
27. This Agreement represents the entire agreement of
the parties. Any aLterations, variations, changes, uodifications
or waivers of provS.sions of this Agleement shall only be valld
lrhen they have been reduced to writing duly signed by each of the
parties hereto, and attached to the original of this Agreenent.
Page 9 of 10
IN WITNESS MEREOF, the parties hereto have caused these
Presents to be duly executed on the day and year first above
rrritten.
STATE OF FIPRIDA DEPARTMENT
OF ENVI RONI.IENTAL PROTECTION CTTY OF DANIA
By:By:Fran P. Mainella, DirectorDivision of Recreation and Parks
Address:
Bureau of Local Recreation ServicesDivision of Recreation and Parks3900 CoEmonuealth BoulevardUail Station 585Tallahassee, FJ.orida 32 399-3 000
Mayor-comml_ssl-oner
Title:
C ity },lanager
Address:
100 West Dania Beach BoulevardDania, Florida 33004
ATTEST :City Clerk-Auditor
crantee Attorney
./
n-?<-,
DEP on
Approved as toForn and Legality:
De a t ttorn
Mana er
tract Adm strator
Page 10 of 10
DEP 4 2 -058Revised 02-22-94
er
\\TLLIANT }IARKHA.\IBRo\\'ARD coLxrl' I,RopERT\. .\pp[n sen
January 4, lggg
City of Dania
B.owaro County Gov6rnmentat Centor
Room 111. l tS S- Andrcws Avenu€Fort Lau6eroale. Ftorida lB:]Ol _t 896
Telephone: 357-6tIlO
,', ,, ,. ,
ATFIDA\TIT
FOR
AD VALORE,T EX&IPTION
E:GMPII ON FOR CITY OF DANIA
ADDRESS ]00 l,l.Dani a Beach Bl vd. ,Dani a, Fl 33004
rELE?golrE 4 (305) 92]-8700
r,Wanda Mul l ikin Tirle Ci ty C lerk
being duly sworn by the underslgned NoEary public, do hereby
swear and affirE thaE there has been no change in the ownership
and use of our properEies frsm che previous lax yearsr applicaEl.ons.
(S rgned
.11.'t \,
\t Sworn Eo and
chls 4th
subscribe<i before me
y of Janua ry 19 88.
SignaEure of Nocary Pub llc (Mus E af f i.x Seal)
My Coomisslon expires i:0ilRY ?J!t-IC Si,.,i: l! tl
';Y CU;:.,j.:r.r.-D ^ :
tdnr Gi.:::l;i- i*:. ir.,l-
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RETU RN/Ar)J\CAII ON N\JMEIER
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"' L.--,all5-5rl-4?r? nI: Lt.JDl:Sr J:l r.)B
( \l nl., \ AS PAR Ii7q/177
of orlanlzltlons applyi€ for erempt sratus unocr Chaolc. 195, Florida Staiur€s wnrch 3rc olcanr/ed 3nd op.rated for one or more of the,.,3 Purpos.(sl: (Chcck onc or moreJ
ligiou3 E Lircr"ry D chrnlrblc O Scientulc - Hospltds, Nursing Homrs, IIomes for Spectrl Se iccs, Hom.! tor A""d
'is
Vnn C]DA I tv
I :'":itn.rt r);Fo:1,\r AT;olt
I Namc ol OEanEatton.
NT.r\/ .lE DANIA
County Whcrt Prop.rry tr Locaaed
BROWARD
t-00 TJEST BEACH tsLVD., DANTA, FLORIDA, 33004
',ircss oi Properry ri Diffrrlnl trom 2
(
st Ail Owncrs of thc Profrerry and Thelr propotoonate intercit
-alDescnptlon (Asressor's R.E.. Prrcel No. e!c.,nel/ oc substllutcd)
Tract of Land known as parcel 1as described in DB
J5 , Tcwnsnip 50,Ranoe 42
hc OrganEation locorpo.at.d
E Ycs E t'to
6b. li not incorporared. what is form oi organizatrona
I4I]NICIPALITY
any of lhis propc.ry !.nlcd or lca!.d?
Exo D ycs
If ycs artach a copy of all acrrve r.nral andlor lcasc con.racrs lasr yr.-r
.,c't's statcmenr of full value -
Rcil ProPerly Inrprovcments
Rcrl propc.ry Land
Tan8iblc Pcrsonal propcnv
s
s
s
rlt rs the property uscd for?
:y orrned Beach
y poluon oa lhc abovc dcscnbed
lo Altrch Ertr! Shcct rl'ii.c.s.s y
p.opcrty usdd for non-cxcnrpt purposr:s? ! Un D v". I
(lf ycs attcch dct3llcd c\plan!tton)
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THls FORI\, 15 REOUIREO UNoEFt F.5. CHApy. l9E.I93(Z) ANO PROVTDEO Bv rHE FLA. DEpy. OF REVENUE.
I I iY aF D.1r\i T I11.1 r.j 1.\tI^ _r.L{ or ,/^..,.\l I I FLr 130'5+., l/
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179/373. Secrion
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R ETU R'-ICATION NUMEER
.r.!. LU r(tri,I T.\,( ;Xcl,lpTi.Ji\ AppLiCAT:C:\.\IiD RETUAI\
THIs FORM IS REQUIREO UNOER F.S. CHAPT.. r95.193(2' ANO PROVIOEO BY T'HE FLA. OEPT. OF REVENUE.
C I iY109 u,,1ANIA I.lNIA 3CH 3LVOFL A 33004
1' 6- 5 C-42I'] OF L 1\ID
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t-/n !lt',!FSCRIPTION
{S D=SC IN D3 3S8/5
sc o[ o(Banizttion5 appiying for €xcmpt slatus under Chapre! 196,orvrng purposc(r): (Check onc or morc)'cligious E Lit"r"ry E Charitablc E scicntr{ic
Florida Staluter which xrc organized. and operrlcd for onc ot morE of lhc
E Hospitals, Nursing Homc!. Homes for Speciel Services, Homcs for Ag.dMunieiLitv)ther)
C g}iER,\ L I]iFORi\IATION
;uil Nam! oa Orcanlzauon.
CTTY OF DANIA
County Whcle Propert.v ls Locetcd
BROI^,ARD
aompiere Addr.a!
100 r.dEST BEACH BLVD., DANrA., FIORIDA 33004
Addrers ol Properay rf Dilferenr Froml
6 of t}l€ Propcrly and Thcir proportionalc Intelest
pnon (Assessor's R.E., ptrcel hro. etc- may be subslilu!ed)
Tract of Land as Described in DB 39g,25 Section 35 , Toe.rnship 50, Range
-ist All Ownc
Lc3d Descn
ls rhc Orgawaaion lncorporarcd
E yes f8 n-o
6b. Ii nor rncorporatcd, tvhat ls form of organizaLion?
MunicipaJ.ity
Is any of rhis prop.rty.cnrcd or lcascd?
E tro E ycs
7b. If yc! altach a copy of ail actlvc rcnrai and/or lca5c contaacr! Iasr yc.t
Owner's !latement of full vaiuc -
Rcal propcrty lmprovcmcnts
Rcrl prop.ray Laid
Targibl. pcrsonal propcrty
t
5-tat is lhc propcrty uied fo,?
City orsned Beach
ls any porlion of thc abovc dcacnbrd
)n
E Vcs | (If ycs artich detailcd crplana.ioo)p.opcrty uled for non cr<cmpt purposct? E No (
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iHIS FORt' IS REAUIREO UNO€R F.5. CHACIT. 1]6I.193(2) AND PROVIOSO BY THE FLA. OEPT. OF REVENUE
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of orqanEallon! aPplying for exempt slalus under Chaprer 195, Florida Statutes rvhich all,organrcd nnd opertted for onc or morc of tha/tng purposrls): (Chcck one or morc,
' gious E Lir.r^ry E Chantablc 3 Scicnnric E Hospirals. Nursing Homc! Homca for Spccial Servicct, Homrt [o, AlEd
rer )
t Cf NE?..\t. Iii FORItATiO:r
ll Name ot Organrzeuon
CITY OF DANIA
Counry Whcrr Prop.,ty ts Locntrat
BROWARD
lrnptetc Address
l_00 h/. BEACH BLVD., DANIA. FtoRtDA,33004
ldress or Propc y rr Dilfcrcnr From 2
(
I t AU Osn€rs or rhc Properry and Theu proporuonarc lnrercst
-c8d Dcscnpuon (Asscslor's R.E., Parc.l No. etc. may be $bsutured)
Beginning at a point 285 NELY of A poi.nt an C/L of Dania Beach RD R/WwlD-cn or n wr-CIf, 6iN Ocean DR, Run Nely 1,01. i,
1,.J I.t_4.1-s 1oo, E 99.Erro POB
Ihc Organlzetron Incorporaicd
D y.s GNo
6b. lf not tncorpoEr.d, wh:r is torm of orglnE.rion?
MU}rJCIPALITY
:! anv oi rhli prop.rty rcntcd or lcrs.d?
L-...1 No L-l Ycs
7b. If ) Gs artach . copy of aJl ac.ive rcnra.l and/or lcasc contrects lasr ycat (
ivne! s statamcnt of full va,iuc -
Rcal Propcrty ImprcverDcnls
RcalPropcrry l-ind
Tar8ibic P.rsonal propcrty
(t
'Lat is thc prolcrty usrd for?
Ci.ty oened Beach (
, rny poriton Of th. ibovc dcscnbcd prcpcrty uscd for non<rrmpt p!rpol.3? E Xo
A rt.rh F rt.r Ch,..r tt \r--..,n, I
E V.r | {lf yc!.rirch dctriled crphn:lrion)(
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bY the city commj.ssion of City of Dania on August 2G, I9gO, that
Part of Flf tlr-f irst Street, f o:nerl1, Cambr j_d.qe S5eet, which is
shaoed in ye110vr on che 1g7g Berry J-ano survey, ruas vacated. by
Ci.ty of Dania. Based. oo the ceneral ruLe oi law that where a
streeE orig!-nar1y d,edicated by one owner !s discont:-nued (that is,
vacated) thlough Iega1 process, the abutting ovmers of interior
lots take the fee title to the center of the st'reet, City of
Dania becane the ot'rner of the rorth one-half of that part of the
street which was vacated and state of Fl0rida (Department of :rans-
portation) became the owner of the south one-harf of that part of
the street which was vacated., all by operation of ,_aw. ?herefore,
at lhis ti.rie, state of Florida has the paranouDt title to the forrow-
ing j.anos at Dania Beach:
Tbe area shaded in pink on the 197gBerr:r L artd survev, and
South one_ha1f -of that part of Fifty_first Streer, forroerly Lanrbrid.ge stieet(shaded in yellow on ihe fSza aerry-ilnasurvey) which was vacated by City 6f oarri"on August 26, l9go.
otherwise, all 0f the la''d.s at Dania Beach ( that is, lands rvithin
the corporate limits of City of Dania) are actr:a]-1y owned, by Ci:y
of Dania.
(1I) As to all of the lands which City of Dania owns at
Dania Beach, coBsistj.ng of approxinEtely thirt!' acres. more or less,
ani' representing the total area at Dani-a Beach rvhich is vrithin the
corporate lilrits of city of Dania (except for the relatively smarl
areas owned by State of Florida and. as more particularly described
in paragraph 10 of these recitals), there are three basic sources
or chai'ns of title which wilr be sometines referred to as forlows:
v 1927 chain, which may also be referred.tc as ci-.e vieste_-n chiin,
1941 chai.a, whicb aay also be refer:eCto as eittrer the Centrai chaia or the Sou_r:/lthern chain, anci -- --- - -i+Y
..1
.-,i''
J
Inl Ii-,L1952 chain, which rnay also be referredto as ej-ther the Eastern chain or theNortheln chain.
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,,rJfrtr'I
?ivq
22 &#,
,
a..;i(tt t.
'_rr'
lffiu)n
(12) The 1927 chain concerns Blocks 203 and 20G, Itollywood
central Beach. and i-s related to tile Lg25-i-g27 era r,rhen the present
Clty of Dania was a part of City of liollywood- tsIock 203 is the
b10ck at Dania Beach rvhich is adjacent to --he rntraccastal liaterwav.
It is only through its present or+nership of Block 2C3 that City
of Dania has a present access to the Intracoastal l,latervray. The
1927 cr:ain is also referred to as tr:e tleste',. chain because it is
the source of title to the r,Iesterly portion of the area which City
of Dania now owns at Dania Beach. ln L927, Block 206 was adjacent
to the nean high water mark of the Atlantic ocean. Brock 206 has
no significance toda]r because it has disappeared urcer the Atr^ntic
Ocean (see paragraph 5 of the recita.l_s). Begiteairrg as of the Lime
when the title was i.n the name of Home Seek.rrs Realty Comp a!.y at
the time of the prat of Hollywood central Beach in 1924. the present
tj.tle of City of Dania as to Block 203, Iiollyrood Ceatral Beach, is
deraigned as f ollorvs:
Home Seeker's Realty Company origrina1ly con_veyed Blocks 203 an& zoo, il,riy*o;-a;;;iBeach, to City of Holllnvood (aL a time vrirenuanr.a was annexed to Hol1i,,rvooC ) by deed d.ateiflbluarv-rs: !9?7, recorold. April-23 . Lg27,l-n Deeo Book 141, page 373, public Record.s of.Browaro county, Florida .
After City of Dania was resurectea, City ofHollywood then conv eyed Blocks 203 and 206,Itollywood Central Beach, to City of Daaia byeedrecored.ed.A1L927Pub].iccors of Brot ard Cour ty, Florida, underclerk! s registry no. 118840.
llote:
The above deed contails a restric-tion that the property sha].]. be usedas a ,'public park f or- municlpal recrea_tional purposes,, but d.oes noi contaiaa reverter clause. ?he restric--ionhas never been released.-
the above deed conta:-n-s the identi -cal restriction that the propertfrshall be used as a ,,publil pirf ?o=munS-cipal recreationil purp-oses,' butdoes not eontaill a reveiter clause.The restri-ction has never been re-Leased.
The deed frorn City of Eollywood. was
Note :
-10-
23
author:.zed by resolu-.ion no. 2adopted by the ci--y commission
9l!I "f llclltruood on Juiv 27,L927 .
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(13) iots L,2, gg anci l_00, Eiock 172. HollFvooi. Cent=al
tseach, are in:ne<iiarely riort.h of the iior--h r"ine of Brock 203, Eolly-
"rooc centrar 3each - The r,g24 .r-at of lrorlyr^rood centrs.i Beach does
not sho!, any tvpe of East-west waterway whi-ch might serve to connect
Nevr River sound and the rntracoastal lvatesray, in proxi-nity to said,
I.ots I, 2, 99 and 100, Block 172. !:o$rever, at some point in time
between approximately 1924 and 1965, Lots 1,2, 99 and 100, Block
l'72 ' Holrywood central tseach, were d.redged and d.ug orlt so as to forn
a,. exi sting East-west watersray connection tod.ay as bet!,reen rre'
River Sound and Intracoastal llaterwalr. That is, itrInediat.ely North
of the North 1ine of B1ock 203 as i._ exists tod.ay, there is a wide
water$ay connection which connects New Biver scund and rntracoastar
I,laterrvay so that, at such 1ocation, boat traffic rnEry pass to aad
from llew River Sound and Intracoastal l{aterway.
(I4) l.litir respect --o Block 203, Ho1lywood. Central Beach (as
same appeals on rhe 1924 plat), the block is divid.ed by the right
of way of a roadway described in 1924 as Ocean Drive (on the p].at)
and known generally tod.ay as North ocean Drive. such i.rive is a
iJor"h-south thoroughfale, with there being a c,urvaEure in the route
of the thoroughfare as same bisects Block 203 on the 1924 plat.
iiotwiths tani,ing its appearance on t:te 1924 plat as a deCicated. right
of way as it proceei,s Northerly, said Ocean Drive tras never opeaed,
i:nproved or otherlrise used as an actual publj.c thoroughfare uatir
approxi:nately 1965. In approximately 1965, the actual route of
Ocean Drive (or North Ocean Drive, as it is knor,rn todav) was
straightened as it bisects Block 203 and the rouEe was actually
op"""i and pawed for use by the public for vehicular traf fi-c-
(I5) Nssg| Ocean Drive, as ii norv exists and as it begins
a route from South to North from a point De].o!, (that is, South of)
BLock 203, proceeds Northerly alongsj.de, and. parallel to, the
-1I-ll*1
lul rnl
i
24 4,
South-liorth route of the I:ttracoastal V;aterwa!, a!!d cn the East sideof the Intlacoastal I.iaterwal'. However, such. road. is only a deadend road which passes through john U. Lloyd State park (Iocated i;n_mediately North of Dania Beach) and then leads to the rocks formingthe South jetty of the channel entrance into port lverglades. ye_hicular traf f j.c using the road. rnust turn around. in the vicinity ofthe rocks forming the south jetty of said channe, and retu*r tothe road'way system in the general area of Dania Beach in order tocontinue tvith any route of travel.
(15) lvnen North Ocean Drive vras first iuproved in approxinately1965, sane $ras eviCently a county road under the jurisdiction ofBoard of County Comrnissioners, Broward. Cor,-ty. Florida, as tlreroad is referred to in certaj_n maps as the couEty beach road.- !,orexanple, see the reference whi.ch appeals ort tb.e 1g7g Berry IaEd su!_vey. At some date af+,er 1965, the j urisd.iction over }.Iorth oceanDrj've was evidently transferred to Departmelt of Transportation,State of Florida, with tl.re transfer probably being made at aboutthe time (subsequent to 1g65) when state of prorida acguire. thelarge iand area North of Dania Beach to foru. th.e present John u.Llol'd State park. Tod,av, North ocean Drive is properl], identifiedas a state road as sarle appears on Frorj.d.a state Road. Departmentright of wa!, map, Section no. g6514_2801.
(17; 15. I92? chain of tatle of City of Da:nia (or theWestern chain) concerns bas j.ca1Iy Block 203, Eollywood CentralBeach. Block 203 is shaded in yellow on the I97g Berry land. sur_vey. ?he block, as it is shaded in ye1low oa tl:e I97g Berry landsurvey, is stil1 bisected by the right of way. of ocean Drive asit actually exj-sts today. The survey further shows that portionc: ti.q rj.E::-it cf way which j.s no ionger needed for road. =ight of
',a!' purpcses as the result of the aforesaid, action in straiglrteningthe right of way and removing the curvature of the right of way(,"'hich is apparent on the 1924 plat) as same passes th=ough Block203' As to the bart of the rigbt oi way ,"rlrich is no 10ng.er actually
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needed, a notation appears on the I97g Ber!.y land survey whichdesignates such right of way as ,,p1atted Ocean Drive R/W to bevacared.,, A correc-. Legal ieseription of the right of way isas follows:
Thar part .l^p":ii Drive -(which appears on the record..DLar but whic:r_ has never i:"er, - tper, lor use by thepubU-c aenerally) aaiaceni-to ;iock 203,-ioiirrib';oCENTRAL BEACH, ac"oriirrg io-"irl pr-at thereof recordedin plat Book.4, page ZO, p"lii. Record.s of Browardcounty, Florida, "iia :-.rra"-!:.-t""t", fyirrg "nI..i!i.gin Broward counry, rr"iidil lia
Whj-ch is to the West of the West right_of_way of ,,Ocean Drive,, as same aDpears onF I o r i ci a
^
S ta _.. _ l" "g - ?: p., *_rn.r, t. ii g h t_o ilraymap, Secricn no. g6514_2601, ano
Which is-the North of the South line ofBlock 203, HOLL'WOOD C'NTRAI BEACIT, accord.inoto t.re ptar thereof recoraea i"- piit-iI#*-",4r page 20, publ.ic necoras-ot ero*iia-EJo.,.v,Elorida, said lands situite, fvi"g ;a-b"i;.,q'in Broward County, F1;;il;:
tsy a resolution adopted by the cj.ty commj.ssion of City of Dania
on August 25, 1980, the rj.ght of way was vacated.. Based on thegeneral ru.e, which has been previously stated in these reciLals,that where a street originalry dedicated by one owner is vacatedthrough 1ega1 process I the abutting owners on each side of the
vacated, road take the fee title to the cente! of the vacated. rightof way, City of Dania became the owner of the litrortherly one_haIf
of that part of the right of way which was vacated. and State ofELorj.da (Deparunent of T.ransportatioD ) became t-b.e owner of -.he
SoutherLy one-half of that part of the right of way which wasvacated' state of Fl0rida has acceded tc 'ts rights in the southerryone-half of the right of way because the southerry one-harf of thevacated right of way abuts the present actuaL right of way of
ocean Drive which is vested in State of Florida (refer to FloridaStar.e i{oad Department rigrht_of _way map; Secticn ao. g65l_4..260I).
(181 6igi, respect to the 1327 chai.n of title which concerns
bas j.caI1y Block 203, Holl).wood Central Beach, and as j-nd.icated. onthe 1978 Berry land survey, there now exists a bridge. constructed/r..ds a Fart of North ocean Drive, which passes over and. above the.4#p7 llArr4 -I3-
un
25 %,
East-9iest ?aterway wi.Ij-c,I1 is iruneoiateli, North of Block 203 andwhich connects IntlacoastaL Waterwav anci Nelv River Sound - As theroute of the road passes i:l a Northerli' direction and tisects Biock203' it begins to rise at an aDpreciable angre so that :xe hor'zc._tal plane of the road right of way wj.ll- Iine up with the elevatedbridge constructed over the waterway. A substanti-al part of t.Lerise in the road rj-ght of way, as weLl_ as the adjacent bridgestructure itself, are constructed on concrete pi.lings which areof a sufficient height and which are also sufficiently wide apaltto allow vehicular traffic and pedestrians to pass under thestructure (which is described as being in the nature of an ,,over-
pass") so as to pass baek and forth from the East side of Block203 to the I,test side of Block 203. In effect, such route (passing
under tlre overpass structure) is an East_Igest route which is ad_jacent to the South 1ine, or South bank, of the cana1. Inasmuchas State of Florida (Departnent of Transportation) is vested witlrthe title to ocean Drive and inasmuch as the use of t.Le East-westroute (under the overpass structure) to travel from tl:e East sideof EJ.ock 203 to the west side of Block 203 involves crossj_ng. lands
owned by State of plorida as a part of the right of rray of North
ocean Dr've ' a perm't should be obtained from Depart.ent of Trans-
Portation if legal and, proper peru.ission is desired to use theroute passing under the overpass structure.
(19) lpg 1941 chain of titre (referred. to as either theCentral chain or the Southern chain) concerns approximately g.G4
acres of land. at Dania Beach. Over the ],ears, ehe total of the8.64 acres which make up the 1941 chain of tit]'e represents,primarily, a portion of New River Sound, as same appears on theI924 pLEt of Holi,,k-ood. Central Beach, which had gradually becomefiLled in by accretion . The accretion r,ras as a result of t-hephenomenon which is more particularly described in paragraph (E)of :hese recitals. The convey€tnce of the g.54 acres from Trustees
1
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Yrl/4tdn
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of the Internal lrD.provement Fund, State of florida, to City of
Dani-a was authorized by chapter 21130, r94'r speciar Acts of Frorida.
Such special act expresslv provides --hat -,he lands sharl- be used
5cr " public park purposes. ,, pursuanr --c t:.re authori*_y granted by
such special act, Trustees of the Internal ImpEovement pundT state
of Florida, conveyed the 8.64 acres at Dania Beach to C j.ty of
Dania.by- deed no. 18,669 of the Trustees, dated. December 2, :..g|L ,
recorded: Decenber 22,'lmt, in Deed Book 39Br page 56, pultic
Records of Bronard county, Florida ,.rrrd., .i"=kQlstry no-
226679 (with the clerk's registry number nor being fully legible).
The said deed from the Trustees contains the foJ.lowing oi1 and
mineral reservations which are guoted as follows:
o SAVING AND RESERVING unto the Trustees ofthe Internal Improvement Fund of Florida, and theirsuccessors, an undivided three_fourths interest j_nand title in and to an undivicied three-fourths irx_terest in all the phosphate, minerals and meta]-sthat are o! may be in, on or under the said. above.described lands, and an undivided one-half interestin and titLe in and to an undivided. one-half interesrin a].l the petroleum that is or ma1, be in or underthe said above d.escrj_bed land, witfr Ure privilege tomine and develop the same.,,
(20) 15s 1952 chain of title (referred to as either the
Eastern chain or the Northern chain) concelns apploxiEately 17.5
acres of lands ac. Dania Beach. Over the years, the total of the
17.5 acres which nrake up the 1952 chain of title represents,
prinari.J-y, a portion of New River Sound, as s alne appea.rs on the
1921 plat of Hollyaood Central Beach, whic:r had subsequently and
gra<iua11y become fitled in by accretion. Agai-:a, the accretion was
as a resurt of the phenomenon which i-s rnore particularly described.
in paragraph (6) of these recitals. There was no specific and
special act of the state legislature which autborized. a convey_
ance oi Lhe. 17.-s acres to City of Dania (as tbere was wiLh respect
to the lands involved in the 1941 chain of title). Ho\^rever,
?rustees of the Intelnal Improvement Fund., S tate of Florida, did
convey the 17.5 acres at Dania Beach to City of Dania by deed no.
-15-dto
20057 of the Trustees, dated June 6, 1952, 'ecorcled. iune 9, L952,
in Deed Book 779, page 373, pubric Record.s of Bro\sald. county,
Florida, under clerk,s registry \o. 467664. The saj_d d.eed con_
cains a lestric::on whlch provides thar the said 17-5 acres,
shall never be used for any other than public purposes
and that neither said parcel, nor ar:y part thereof, shall ever be
soId, convelzed, J_easeo or otherwise disposed of by the grantee,
or 1ts successors, to any person, firm or corporation-, fn ad.di_
ti'on. the said deed from che Trustees conta'ns the fol.0wi_ng oil
and mineral reservations whicn are guoted as follows:
'.sAVING AND RESERVING unto the Said Trrtstees ofthe Intehat Improvement Funcj of the State of iio=ia.,anci their succelsors, titLe to an undiviaea tUeel-'fourths of a].l _phosphate, mineraLs ana metafs, anati.tle to an unoividea o"._friii-of .ff p-ti"f""*-ti"rmay be in, on or under the above described. fi"a. ,itf,the privilege to mj_ne ana aevefop same.,
(21) In sunmary and over a period of ti,ne in o_cess of 50
years, city of Dania has acqui.red in three separate. transactioEs
(as evidenced by thlee separate chains of title) a total of approxi_
nately 30 acres, more or Less, at Dania Beach. E><cept for the
relativery sma]l areas owned by state of Frorida and which are.
more particuJ.arly described in paragraph (10) of tlrese recital.s,
all of the lands at Dania Beach are presently owned by City of
Dani.a and are further located within the corporate lirEits of City
of Dania.
(22) 15s charter of City of Dania (52576g , Lg49 Special Acts
of FLorida, as amended) expressly authorizes City of Dania to
lease any and aIr. manner of recreational facilities including docks,
piers, wharves , beach casinos, entertainment and. eaLing places.
dance and concert haIIs, and public recreationar facilities of ar1
kinds. lsuch authority is set forth in great detai]. in paragraplr.
(4), Secti-on 1., ArticJ.e 3., part i of the charter coneerning the
qeneraL powers granted to City of Dania by the state iegislature.
por.rers regarding the leasing of any
-15 -
ith respect to such grant of
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